ANTNO
SEXTO & SEPTIMO
VICTORI}E REGIME.
C
A P.
XXX VIII.
An Act to make further Regulations for facilitating
the hearing Appeals and other Matters by the
Judicial Committee of the Privy Council.
[28th July 1843.]
WHEREAS it has been found expedient to make further
Regulations for hearing and making Report to Her
Majesty in Appeals and other Matters referred to the
Judicial Committee of the Privy Council, and for the more effectual
Appointment of Surrogates in Ecclesiastical and Maritime Causes
of Appeal, and for making Orders or Decrees incidental to such
Causes of Appeal, and for the Punishment of Contempts, and compelling Appearances and Enforcement of Judgments, Orders, and
Decrees of Her Majesty in Council, or of the said Judicial Committee, or their Surrogates, in such Causes of Appeal : Be it enacted
by the Queen's most Excellent Majesty, by and with the Advice
and Consent of the Lords Spiritual and Temporal, and Commons,
in this present Parliament assembled, and by the Authority of, the
same, That in any Appeal, Application for Prolongation or Confir- Appeals, &c.
mation of Letters Patent, or other Matter referred or hereafter to be may be heard
less
referred by Her Majesty in Council to the Judicial Committee of by notThree
than
the Privy Council, it shall be lawful for Her Majesty, by Order in Members of
Council or special Direction under Her Royal Sign Manual, having the Judicial
regard
5 F
390
Committee
of the Privy
Council
under a spe.
cial Order
of Her
Majesty.
6° & 7°
VICTORI2E, Cap.38.
regard to the Nature of the said Appeal or other Matter, and in
respect of the same not requiring the Presence of more than Three
Members of the said Committee, to order that the same be heard,
and when so ordered it shall be lawful that the same shall be
accordingly heard by not less than Three of the Members of the
said Judicial Committee, subject to such other Rules as are applicable, or under this Act may be applicable, to the hearing and
making Report on Appeals and other Matters by Four or more of
the Members of the said Judicial Committee.
II. And be it enacted, That in respect of all Incidents, Emergents,
Dependents, and Things adjoined to, arising out of, or connected
an Admiralty
with Appeals from any
an Ecclesiastical Court, or from any
y
or Vice Admiralty Court, (save in giving a Definitive Sentence,
or any Interlocutory Decree having the Force and Effect of a DefiniAppealsfrom tive Sentence,) the said Judicial
Committee and their Surrogates shall
Eccl aindshave
full
to
Power,
subject
such
Rules, Orders, and Regulations as
icai ad
shall from Time to Time be made by the said Judicial Committee,
Admiralty
Courts.
(with the Approval of Her Majesty in Council,) to make all such
Interlocutory Orders and Decrees, and to administer all such Oaths
and Affirmations, and to do all such Things as may be necessary,
or the Judges of the Courts below appealed from or their Surrogates
in the Cases appealed, or the Judges of the Courts appealed to or
their Surrogates, or the Lords Commissioners of Appeals in Prize
Causes or their Surrogates, and the Judges Delegate or their Condelegates under Commissions of Appeal under the Great Seal in
Ecclesiastical and Maritime Causes of Appeal, would respectively
have had before an Act passed in the Third Year of the Reign of
2 & 3 W. 4. His late Majesty, intituled An Act for transferring the Powers of
c. 92.
the High Court of Delegates, both in Ecclesiastical and Maritime
Causes, to His Majesty in Council, and another Act passed in the
3 & 4 W.4. following Session of Parliament, intituled An Act for the better
c 41.
Administration of Justice in His Majesty's Privy Council, were
passed.
Powers of
the Judicial
Committee
their
Surrogates
in respect to
9
III. And be it enacted, That the Surrogates and Examiners of
the Arches Court of Canterbury and the High Court of Admiralty
of England, and such Persons as shall from Time to Time be a hpointed Surrogates or Examiners of the said Courts, shall be by
Judicial
Committeein virtue of this Act Surrogates and Examiners respectively of the
Eccl sia
Judicial Committee of the Privy Council in all Causes of Appeal
al and
from Ecclesiastical Courts and from any Admiralty or Vice AdmiAdmiralty
Appeals.
ralty Court.
Who to be
Surrogates
and of thenetsof the
Past Pro.
IV. And be it enacted, That all Orders, Decrees, and
ceedings of heretofore done and expedited
in such Causes of Appeal
Things
by the
Surrates Surrogates appointed
by the said Judicial Committee of the Privy
of theJudiCouncil shall be deemed to be valid and effectual, if otherwise
cial Committee valid, lawfully done and expedited, notwithstanding any Informality or Want
notwithof Authority in respect to the same in the Orders of His late
cert
andingn- Majesty in Council of the Fourth Day of February One thousand
st
formalities. eight hundred and thirty-three, of the said Judicial Committee of the
Fifth Day of February One thousand eight hundred and thirty10
three,
6° & 7°
VICTORI }, Cap.38.
391
three, of the Order of His late Majesty in Council of the Ninth'
Day of December One thousand eight hundred and thirty-three, of
an Order of the said Judicial Committee of the Tenth Day of
December One thousand eight hundred and thirty-three, and an
Order of His late Majesty in Council of the Twelfth Day of August
One thousand eight hundred and thirty-five.
V. And be it enacted, That, subject to such Rules and Regula- Manner of
tions as may from Time to Time be made by the said Judicial conducting
Appeals
Committee with the Approval of Her Majesty in Council, and Jud
the
save and in so much as the Practice thereof may
b the Judicial
3' be varied by
said Acts of the Reign of His late Majesty or by this Act, the Committee.
said Causes of Appeal to Her Majesty in Council shall be commenced within the same Times, and conducted in the same Form and
Manner, and by the same Persons and Officers, as if Appeals in the
same Causes had been made to the Queen in Chancery, the High
Court of Admiralty of England, or the Lords Commissioners of
Appeals in Prize Causes respectively ; and all things otherwise
lawfully done and expedited in the said Causes of Appeal by the
Registrar of the High Court of Admiralty of England, his Deputy
or Deputies, in consequence of the passing of the said Acts of the
Reign of His late Majesty, shall be deemed to be valid to all Intents
whatsoever.
VI. And whereas by the Provisions of the herein-before secondlyrecited Act it was enacted, that the said Judicial Committee should
have and enjoy in all respects such and the same Power of punishing
Contempts and of compelling Appearances, and that His Majesty in
Council should have and enjoy in all respects such and the same
Powers of enforcing Judgments, Decrees, and Orders, (both in personam and in rem,) as are given to any Court Ecclesiastical by an
Act of Parliament passed in a Session of Parliament of the Second
and Third Years of the Reign of His Majesty King William the
Fourth, intituled An Act for enforcing the Process upon Contempts
in the Courts Ecclesiastical of England and Ireland, and that all
such Powers as are given to Courts Ecclesiastical, if of punishing
Contempts or of compelling Appearances, should be exercised by
the said Judicial Committee, and of enforcing Decrees and Orders
should be exercised by His Majesty in Council, in such and the
same Manner as the Powers in and by such Act of Parliament
given, and should be of as much Force and Effect as if the same
had been thereby expressly given to the said Committee or to His
Majesty in Council ; be it enacted, That so much of the said Act
as relates to the Powers thereby given to the said Judicial Committee' and to His Majesty in Council, under the last-recited Act,
So much
of
2 & 3 W. 4.
c
powers
the Judicial
Committee
and His
Majesty in
i
to punish
Contempts,
&c.repealed.
shall be repealed.
it
enacted, That for better punishing Contempts, Punishing
compelling Appearances, and enforcing Judgments of Her Majesty Contempts,
in Council, and all Orders and Decrees of the said Judicial Com- compelling
Appearmittee or their Surrogates, in all Causes of Appeal from Ecclesiastical antes, enCourts and from Admiralty or Vice Admiralty Courts, Her Majesty forcing
in Council and the said Judicial Committee and their Surrogates Judgments,
VII. And
be
shall
&C. in
6° & 7°
392
Causes
of
Appeal.
3 & 4
Pict.
c. 65.
VICTORIE,
Cap.38.
shall have the same Powers, by Attachment and Committal of the
Person to any of Her Majesty's Gaols, and subsequent Discharge
of any Person so committed, as by any Statute, Custom, or Usage,
belong to the Judge of the High Court of Admiralty of England;,
and the said Judicial Committee shall have 'the same Immunities
and Privileges as are conferred on the Judge of the High Court of
Admiralty of England under an Act passed in the Fourth Year of
the Reign of Her Majesty, intituled An Act to improve the Practice
and extend the Jurisdiction of the High Court of Admiralty of
England, as fully as if the same had been thereby expressly given to
the said Judicial Committee.
Orders, &c.
may be en-
forced by
Sequestra-
tion against
certain Persons
pro
nounced
contumacious and in
Contempt.
VIII. And be it enacted, That in all Causes of Appeal to Her
Majesty in Council from Ecclesiastical Courts, and from Admiralty
or Vice Admiralty Courts, in which any Person duly monished or
cited or required to comply with any lawful Order or Decree of Her
Majesty in Council, or of the said Judicial Committee or their Surrogates, and neglecting or refusing to pay Obedience to such lawful
Order or Decree, or committing any Contempt of the Process under
the Seal of Her Majesty in Ecclesiastical and Maritime Causes,
shall reside out of the Dominions of Her Majesty, or shall have
Privilege of Peerage, or shall be a Lord of Parliament or a Member
of the House of Commons, it shall be lawful for the said Judicial
Committee or their Surrogates to pronounce such Person to be
contumacious and in Contempt, and after he shall have been so pronounced contumacious and in Contempt to cause Process of Sequestration to issue under the said Seal of Her Majesty against the Real
and Personal Estate, Goods, Chattels, and Effects, wheresoever lying
within the Dominions of Her Majesty, of the Person against or upon
whom such Order or Decree shall have been made, in order to
enforce Obedience to the same, and Payment of the Expences
attending such Sequestration, and all Proceedings consequent thereon,
and to make such further Order in respect of or consequent on such
Sequestration, and in respect to such Real and Personal Estate,
Goods, Chattels, and Effects sequestrated thereby, as may be necessary, or for Payment of Monies arising from the same to the Person
to whom the same may be due or into the Registry of the High
Court of Admiralty and Appeals for the Benefit of those who may
be ultimately entitled thereto.
Inhibitions,
IX. And be it enacted, That all Inhibitions, Citations, Monitions,
&c. to be in and other Instruments incidental to or arising out of such Causes
Her Majesty'sName, of Appeal shall be issued in the Name of Her Majesty, and under
and of force Seal of Her Majesty in Ecclesiastical and Maritime Causes, and shall
throughout be of full Authority in all Places throughout the Dominions of
the British
Her
Dominions.
Majesty.
Monitions
X. And be it enacted, That in all Appeals in Ecclesiastical and
forPayments Maritime Causes to Her Majesty in Council it shall be lawful
into the Registry of the for Her Majesty in Council, and the said Judicial Committee or their
Admiralty
Surrogates, at the Petition of any Person interested in the same,
Court under to decree ' Monitions for the Transmission of any Sum or Sums of
Orders, &c. Money respecting which any Order or Decree may be made, or any
Questions
-6°
&
70
VICTORI)E,
393
Cap.38.
Questions may be depending arising out of such Causes, and the
Proceeds of all Ships or Vessels, Goods, and Cargoes respecting
which any Appeals may be depending, into the Registry of the High
Court of Admiralty and Appeals, for the Benefit of the Person or
Persons who may be ultimately entitled thereto, or for Payment
thereof to the Person to whom the same may be lawfully due.
`
XI. And
it
it
shall be lawful for Her Majesty,
by Order in Council, to direct that all Causes of Appeal from
Ecclesiastical Courts, and from the Vice Admiralty Court of the
Cape of Good Hope, and all Vice Admiralty Courts to the Westward
thereof, in which the Appeal and Petition of Reference to Her
Majesty shall have been lodged in the Registry of the High Court
of Admiralty and Appeals within Twelve Calendar Months from
the giving or pronouncing of any Order, Decree, or Sentence
appealed from, and all Causes of Appeal from Vice Admiralty Courts
to the Eastward of the Cape of Good Hope, in which the Appeal and
Petition of Reference to Her Majesty shall have been lodged in the
Registry of the High Court of Admiralty and Appeals within Eighteen
Calendar Months from the giving or pronouncing any Order, Decree,
or Sentence, appealed from, shall be referred to the Judicial Committee of the Privy Council, and the said Judicial Committee and
their Surrogates shall have full Power forthwith to proceed in the
said Appeals, and the usual Inhibition and Citation shall be decreed
and issued, and all usual Proceedings taken, as if the same had
been referred to the said Judicial Committee by a special Order of
Her Majesty in Council in each Cause respectively.
be
enacted, That
All Appeals
from Eccleand
'iastical
Admiralty
Courts may
be referred
to the JudiCom-
man
Order in
Council.
declared and enacted, That as well the Costs of Costs maybe
awarded by
defending any Decree or Sentence appealed from as of prosecuting the
any Appeal, or in any Manner intervening in any Cause of Appeal, and Committee,
the Costs on either Side, or of any Party, in the Court below, and taxed.
and the Costs of opposing any Matter which shall be referred to the
said Judicial Committee, and the Costs of all such Issues as shall be
tried by Direction of the said Judicial Committee respecting any
such Appeal or Matter, shall be paid by such Party or Parties, Person or Persons, as the said Judicial Committee shall order, and that
such Costs shall be taxed as in and by the said Act for the better
Administration of Justice in the Privy Council is directed respecting
the Costs of prosecuting any Appeal or Matter referred by Her
Majesty under the Authority of the said Act, save the Costs arising
out of any Ecclesiastical or Maritime Cause of Appeal, which
shall be taxed by the Registrar herein-after named, or his Assistant
Registrar.
XII. And
be
it
XIII. And be'it enacted, That the Registrar of the High Court of Appointof
Admiralty of England for the Time being may be appointed by meat
Registrar
Her Majesty to be Registrar of Her Majesty in Ecclesiastical and and Assistant
Maritime Causes, and shall have Power to appoint an Assistant Registrar in
Registrar, as provided by an Act passed in the Fourth Year of the Ecclesiastical and
Reign of Her Majesty, intituled An Act to make Provision for the Mariti me
Judge, Registrar, and Marshall of the High Court of Admiralty of Causes.
England, and shall
firing
his good Behaviour, and while he shalbel
3
c.
5
ss
Vict.
;60 & 70 VICTORLE, Cap.38.
be Registrar of the said High Court of Admiralty, hold his Office
of Registrar of Her Majesty in Ecclesiastical and Maritime Causes,
394
and shall do all such Things, and shall have the same Powers and
Privileges in respect to the same, as belong to his Predecessors in
the Office of Registrar of His Majesty in Ecclesiastical and Maritime
Causes.
it
enacted, That all Records, Muniments, Books,
XIV. And be
Custody of
Records, &c. Pa, ers, Wills, and other Documents remaining in the Registry of the
Court
of the C
and Appeals, appertaining to the late High
of De l egates High Court of Admiralty
and Appeals. Court of Delegates and Appeals for Prizes, shall be and remain in
the Custody
and Possession
of the
said Registrar
of Her Majesty in
Ecclesiastical and Maritime Causes.
Judicial
Committee
em
powered
XV. And"be it enacted, That it shall be lawful for the said Judicial
Committee from Time to Time to make such Rules, Orders, and
Regulations respecting the Practice and Mode of proceeding in all
Appeals from Ecclesiastical and Admiralty and Vice Admiralty
Courts, and the Conduct and Duties of the Officers and Practitioners
Practice and therein, and to appoint such Officer or Officers as may be necessary
Mode of
proceeding for the Execution of Processes under the said Seal of Her Majesty,
in, Appeals, and in respect to all Appeals and other Matters referred to them, as
&c.
to them shall seem fit, and from Time to Time to repeal or alter such
Rules, Orders, or Regulations Provided always, that no such Rules,
Proviso.
Orders, or Regulations shall be of any Force or Effect until the same*
shall have been approved by Her Majesty in Council,
Rules, &c.
respecting
:..
Judicial
Committee
of Privy
Council to
proceed
with Causes
depending
before late
High Court
of Delegates.
Definition of
Terms.
XVI. And whereas, in certain Causes which were depending before
the late High Court of Delegates, certain Decrees or- Orders were made
and interposed, and are not yet fully carried into effect : And whereas,.
in consequence of the Death of the Judges Delegate, or some of
them, named in the several Commissions under the Great Seal, such
Decrees or Orders cannot be carried into effect ; be it enacted, That
all such Causes of Appeal and Complaint which were depending
before the High Court of Delegates, and in which any Decree, Order,
or Thing, for the Reason lastly herein-before mentioned, is outstanding
and not fully ended and determined, shall be transferred to the
Judicial Committee of the Privy Council ; and the said Judicial,
Committee shall take up and proceed with the said Causes in the
same Manner as if the same had been originally Causes of Appeal
and Complaint depending before the said Judicial Committee.
XVII. And be it enacted, That in this Act all Words denoting
a Male Person shall be taken to include a Female also, and all Words
denoting one Person or Thing shall be taken to include also several
Persons or Things, unless a contrary Sense shall clearly appear from
the Context ; and that the Words L[ Arches Court of Canterbury,"
used in this Act, shall be construed to extend to such Court as shall
exercise the Jurisdiction of the said Court or be substituted for the
same; and that wherever the Words Ecclesiastical Court" have
been used in this Act the same shall be construed to extend to
such Court as shall exercise the Jurisdiction or any Part of the
Jurisdiction exercised by any Ecclesiastical Court or be substituted
11
1
for
60 & 70
VICTOR'UE, Cap.38.
for the same ; and the Words « Ecclesiastical and Maritime Cause
of Appeal" shall be construed to extend to Causes appealed from
Ecclesiastical Courts and such Court as shall exercise the Jurisdiction or any Part of the Jurisdiction exercised by any Ecclesiastical Court or be substituted for the same.
: Printed by GEORGE E. EYRE and ANDREW SPOTTISWOODE,
Printers to the Queen's most Excellent Majesty, 1843.
LONDON
395